What is the effect of rescission after a judgment has been recovered for the purchase money or part of it?
Saskatchewan, Canada
The following excerpt is from Standard Trust v. Little, 1915 CanLII 193 (SK CA):
In that case, Maclennan, J.A., at p. 493, says:— As decided in Cameron v. Bradbury, 9 Grant 67, the effect of rescission after a judgment recovered for the purchase money or part of it, is that the obligation to pay the purchaser Has been terminated, and so, to that extent, the judgment cannot be enforced. It is still good at law, but equity will restrain its enforcement, on the ground that, having taken back the land, the vendor ought not to be permitted to recover any more of the purchase money. That principle, however, does not apply to the costs.
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